SC bars coercive steps against owners of 10+ year old diesel, 15+ year old petrol vehicles in Delhi

New Delhi: In a relief to owners of diesel vehicles of over 10 years and petrol vehicles older than 15 years in Delhi-NCR, the Supreme Court on Tuesday ordered authorities not to take coercive against them. The top court was dealing with a plea seeking recall of its October 29, 2018 order upholding a National Green Tribunal's directive. The apex court had directed transport departments of states in the NCR to ban diesel vehicles more than 10 years old and petrol vehicles more than 15 years old from plying in roads in terms of the NGT's order. The NGT, on the other hand, had ordered all diesel or petrol vehicles that were more than 15-years old not to be allowed to ply on roads and appropriate action, including seizure of the vehicles under the Motor Vehicle Act, in case of non-compliance. "This direction would be applicable to all vehicles without exception i.e. two wheelers, three wheelers, four wheelers, light vehicles and heavy vehicles irrespective of whether commercial or otherwise," the NGT said on November 26, 2014.

The orders came keeping in mind the rising air pollution levels in the national capital and adjoining areas particularly during the winter season. On Tuesday, a bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria ordered no coercive action after Solicitor General Tushar Mehta, appearing for the Delhi government, made a prayer. "Issue notice, returnable in four weeks. In the meantime, we direct that no coercive steps be taken against the owners on the ground that vehicles are 10 years old in respect of diesel vehicle and 15 years old in respect of petrol vehicles," the bench said. The Delhi government moved the top court against the blanket ban on diesel vehicles older than 10 years and petrol vehicles older than 15 years. During the hearing, Mehta said people had no choice but to sell their old vehicles due to the ban. Requesting the bench to issue notice on the application, he urged it for a "no coercive steps" direction. Mehta said a vehicle used by the owner for commuting from home to court and vice-versa might run only 2,000 kilometres after 10 years but he would have to sell it due to the ban. He further said if somebody was using the vehicle as taxi, in two years, it might run over one lakh kilometre but it could still ply for another eight years. "The police is under an obligation to cease the (old) vehicles," Mehta said. The plea sought a comprehensive study by the Centre and the Commission for Air Quality Management (CAQM) to assess the actual environmental benefits of age-based restrictions versus emission-based criteria.